Category Archives: Nexus

CA1 affirms suppression order; reforming affidavit after Franks hearing shows no nexus to def’s house

The affidavit for the search warrant, reformed after a Franks hearing, did not establish probable cause to search defendant’s home. The affidavit did not set forth facts showing defendant had a history of drug dealing to permit an inference that … Continue reading

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E.D.Mich.: Def’s giving false name justifies extending stop

Defendant’s giving a false name extended the stop and added to the reasonable suspicion to detain him after his true identity was discovered. United States v. Jackson, 2019 U.S. Dist. LEXIS 188225 (E.D. Mich. Oct. 30, 2019). The affidavit for … Continue reading

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IL: Def’s leaving house to deliver to a controlled buy was nexus for house

There was nexus for the search warrant for defendant’s house where he was alleged to have left his house and driven directly to the scene of a controlled buy where he was delivering. People v. Teague, 2019 IL App (3d) … Continue reading

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W.D.Ky.: Stop of one suspect created exigency that occupants might destroy evidence; entry justified

The stop of one suspect created exigent circumstances for entry into the premises to freeze it until a warrant could be obtained. The police reasonably feared that occupants would learn of the stop and destroy evidence. On entry, there was … Continue reading

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M.D.Fla.: Possession of a large quantity of drugs in car after just leaving house shows nexus to house for drugs

“‘A search warrant affidavit need not allege that unlawful activity occurred at the place to be searched; the affidavit need only establish a nexus between the place and the criminal activity.’ United States v. McCown, 762 F. App’x 732, 734 … Continue reading

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DE: DNA warrant fails because affidavit for it does show how or why it could be found

“As previously noted, this Court must pay great deference to a magistrate’s determination of probable cause and must take a common-sense approach rather than a hyper-technical approach. Nonetheless, given the totality of the circumstances set forth in the Affidavit, including … Continue reading

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ME: Nexus between cell phone and crime can be inferred from totality of affidavit

Probable cause was shown for nexus between defendant’s cell phone and a multi-person burglary ring. While the affidavit didn’t explicitly state that the conspirators would communicate by cell phone before the burglary, it was a reasonable inference on the totality. … Continue reading

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IL: PC was shown for the SW for def’s house; he was not just the last person to see her alive, he had her car and credit cards

Probable cause was shown for a search warrant for defendant’s house. “The complaint in Gacy did not cite to a specific crime; like this case, it was concerned with a missing person. Gacy, 103 Ill. 2d at 19-20. Since the … Continue reading

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DE: No nexus for def’s DNA to murder; search incident can’t be used to take DNA

The state’s search warrant for defendant’s DNA has zero nexus to the murder he was being investigated for on a gun. The state’s alternative argument that DNA can be collected by the search incident doctrine 11 hours later is rejected. … Continue reading

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VT: Affidavit for arrest warrant by university police is a public record

An affidavit for an arrest warrant prepared by UV police is a public record subject to disclosure. Oblak v. Univ. of Vt. Police Servs., 2019 VT 56, 2019 Vt. LEXIS 109 (Aug. 24, 2019). The government on the totality linked … Continue reading

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NC: Failure to prove nexus to real property in SW requires suppression

The affidavit for search warrant failed to connect defendant to the premises sufficient for there to be probable cause, and the court of appeals decision to suppress is affirmed. As to a vehicle, the officer had more information but didn’t … Continue reading

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DC: Affidavit’s complete failure to show nexus is a lack of PC and good faith

Without something to go on, the court declines to ascribe a supposed error in an address as a mere typo. Moreover, the affidavit fails to provide any nexus to defendant and the place to be searched, and the good faith … Continue reading

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